USPTO Patents Application 09993647

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re Application of : Bernd Riedl et al.

Serial No.

09/993,647

Examiner: Deepak R. Rao

Filed

November 27, 2001

Group Art Unit: 1 624

Title

ro-CARBOXYARYL SUBSTITUTED DIPHENYL UREAS AS
RAF KINASE INHIBITORS

Declaration under 37 CFR § 132

MAIL STOP NUN FINAL

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-1450

Sir:

We, the undersigned, being duly warned declare that:

We are co-inventors named in the above-identified application.

We are co-inventors of subject matter disclosed in US PROVISIONAL Application
Number 60/367,346 filed on November 28, 2000.

We have reviewed method claims 74, 81, 87, 93, 99, 100-104, 106-1 15 and 1 17-1 19 now
pending in the above application and we believe we are the co-inventors of the subject
matter of all claims (claims 74, 81, 87, 93, 99, 100-104, 106-115 and 117-119) therein.

We invented the subject matter of claims 74, 81, 87, 93, 99, 100-104, 106-115 and 117-
119 at least as early January 13, 1999, as evidenced by compound numbers 42 and 43
within the tables of US PROVISIONAL APPLICATION NUMBER 60/1 15,877, filed on January
13, 1999, and other portions of the disclosure within the specification of US PROVISIONAL
Application Number 60/115,877, such as, for example, portions pertaining to
pharmaceutically acceptable salts of the compounds disclosed (see, for example, page 6,
line 25 through page 7, line 5) the preparation and use of medicaments with the
compounds disclosed (see, for example page 11, line 9 through page 16, line 2) and the
treatment of solid tumors, carcinomas, including carcinomas of the lungs, pancreas,
thyroid, bladder or colon, myeloid disorders, adenomas, including villous colon adenoma,
with the compounds disclosed (see for example, page 2, lines 5-14).

1

Any description of the subject matter of claims 74, 81, 87, 93, 99, 100-104, 106-115 and
117-119 within the following applications, assigned to the same assignee as the present
invention, is a description of our invention.

US 60/115,878, Filed 01/13/1999;
US 60/1 1 5,877, Filed 01/13/1999;
US 9/257,265, FILED 02/25/1999;
US 09/257,266, FILED 02/25/1999;
US 09/425,228, Filed 10/22/1999;
US 09/425,229, Filed 10/22/1999;

PCT/US 00/00768, Filed 01/13/2000;
PCT/US 00/00648, Filed 01/13/2000;

US 09/722,418, Filed 1 1/28/2000;

US 09/758,266, Filed 01/12/2001;
US 09/758,548, FILED 01/12/2001;
US 09/758,549, FILED 01/12/2001;
US 09/773,659, Filed 02/02/2001;
US 09/773,675, FILED 02/02/2001;
US 09/773,672, Filed 02/02/2001;
US 09/773,658, Filed 02/02/2001;
US 09/773,604, FILED 02/02/2001;
US 09/777,920, Filed 02/07/2001;
US 09/889,227, Filed 07/12/2001;
US 09/907,970, FILED 07/19/2001;
US 09/948,915, Filed 09/10/2001;
US 09/993,647, Filed 1 1/27/2001;
US 60/334,609, Filed 12/03/2001;

US 10/042,226, Filed 01/1 1/2002;
US 10/071,248, FILED 02/1 1/2002;
US 60/354,950, FILED 02/1 1/2002;
US 60/354,937, Filed 02/1 1/2002;
US 10/086,417, Filed 03/04/2002
US 10/308,187, FILED 12/03/2002;

PCT/US 02/03361, Filed 02/07/2002;
PCT/US 02/38439, Filed 12/03/2002;

US 10/361,358, FILED 02/1 1/2003
US 10/361,859, Filed 02/1 1/2003
US 60/471,735, FILED 05/20/2003

2

US 60/489,102, FILED 07/23/2003;
US 10/659,639, FILED 09/1 1/2003
US 60/520,399, Filed 1 1/17/2003;

PCT/US 03/04103, FILED 02/1 1/2003;
PCT/US 03/04109, Filed 02/1 1/2003;

US 60/536,734, FILED 01/16/2004;
US 60/540,326, Filed 02/02/2004;
US 60/556,062, FILED 03/25/2004;
US 10/848,567, Filed 05/19/2004;
US 10/895,985, Filed 07/22/2004;
US 60/604,752, Filed 08/27/2004;
US 60/604,753, FILED 08/27/2004;

PCT/US 04/15655, Filed 05/19/2004;
PCT/US 04/15653, Filed 05/19/2004;
PCT/US 04/23500, Filed 07/22/2004;

US 60/658,827, FILED 03/07/2005 and
US 60/731,277, Filed 10/31/2005.

We hereby declare that all statements made herein of our own knowledge are true and
that all statements made on information and belief are believed to be true; and further that
these statements were made with the knowledge that willful false statements and the like
so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18
of the United States Code, and that such willful false statements may jeopardize the
validity of the application or any patent issuing thereon.

Bernd Riedl, Date

William J. Scott

Date

Jacques Dumas,

Date

Roger A. Smith

Date

Uday Khire,

Date

Jill E. Wood

Date

Timothy B. Lowinger

Date

Reina Natero

Date

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